The man accused of raping and killing Chelsea King could have been returned to prison during the three years he served on parole, but he was allowed to remain free following his parole violations, state prison officials confirmed today.

Despite being found living too close to a college that included a day care center in September 2007, the state Board of Parole Hearings opted against returning John Albert Gardner III to prison.

“The board continued Gardner because he had acquired compliant housing,” said Oscar Hidalgo, an assistant secretary at the Department of Corrections and Rehabilitation. “That is very consistent with how our parole supervision is applied statewide.”

Gardner is a convicted sex offender from 2000 who has been charged the rape and murder of 17-year-old Chelsea King of Poway. She was reported missing after going for a run around Lake Hodges on Feb. 25, and her body was discovered near the lake five days later.

Gardner is also the focus of a continuing investigation into the disappearance and death of Amber Dubois, 14. The Escondido High School freshman was abducted in February 2009, and her remains were found Saturday in a remote area north of Pala.

In 2000, Gardner pleaded guilty to molesting a 13-year-old neighbor and received six years in prison. He was released in 2005 and placed on three years parole, which he successfully completed in 2008.

According to state prison officials, Gardner racked up a total of seven violations during the three years he was on supervised release -- any one of which could have been used to return him to custody.

But Hidalgo said six of the violations were not referred to the Board of parole hearings because they were minor infractions.

One violation was recorded when Gardner missed a meeting with his parole agent; another was filed when he was suspected of possessing marijuana, Hidalgo said.

The last four violations involved low-battery alerts on the GPS system Gardner was ordered to wear in January 2008.

“If we were to revoke and put a parolee in prison every time they have a low-battery alert, the system itself would not be able to sustain it,” Hidalgo said. “You would flood the system.”

The state corrections department has been increasingly criticized for its handling of Gardner his arrest Feb. 28.

Among other things, prison officials conceded they destroyed the field notes parole agents compiled on Gardner during the years of supervision -- a policy Gov. Arnold Schwarzenegger ordered overturned earlier this week.

The agency has also been criticized for withholding public records that pertain to Gardner’s time in prison and on parole. Prison officials insist they are working to release allowable records as soon as they can.

Assemblyman Nathan Fletcher, the lawmaker who represents the Poway neighborhood where Chelsea lived, said: “The more we learn, the worse it gets.”

“It’s clear the system has failed,” he said in a statement today. “We need a full investigation of Corrections immediately.”

Jeff McDonald: (619) 542-4585; jeff.mcdonald@uniontrib.com

Despite being found living too close to a college that included a day care center in September 2007, the state Board of Parole Hearings opted against returning John Albert Gardner III to prison.

“The board continued Gardner because he had acquired compliant housing,” said Oscar Hidalgo, an assistant secretary at the Department of Corrections and Rehabilitation. “That is very consistent with how our parole supervision is applied statewide.”

Gardner is a convicted sex offender from 2000 who has been charged the rape and murder of 17-year-old Chelsea King of Poway. She was reported missing after going for a run around Lake Hodges on Feb. 25, and her body was discovered near the lake five days later.

Gardner is also the focus of a continuing investigation into the disappearance and death of Amber Dubois, 14. The Escondido High School freshman was abducted in February 2009, and her remains were found Saturday in a remote area north of Pala.

In 2000, Gardner pleaded guilty to molesting a 13-year-old neighbor and received six years in prison. He was released in 2005 and placed on three years parole, which he successfully completed in 2008.

According to state prison officials, Gardner racked up a total of seven violations during the three years he was on supervised release -- any one of which could have been used to return him to custody.

But Hidalgo said six of the violations were not referred to the Board of parole hearings because they were minor infractions.

One violation was recorded when Gardner missed a meeting with his parole agent; another was filed when he was suspected of possessing marijuana, Hidalgo said.

The last four violations involved low-battery alerts on the GPS system Gardner was ordered to wear in January 2008.

“If we were to revoke and put a parolee in prison every time they have a low-battery alert, the system itself would not be able to sustain it,” Hidalgo said. “You would flood the system.”

The state corrections department has been increasingly criticized for its handling of Gardner his arrest Feb. 28.

Among other things, prison officials conceded they destroyed the field notes parole agents compiled on Gardner during the years of supervision -- a policy Gov. Arnold Schwarzenegger ordered overturned earlier this week.

The agency has also been criticized for withholding public records that pertain to Gardner’s time in prison and on parole. Prison officials insist they are working to release allowable records as soon as they can.

Assemblyman Nathan Fletcher, the lawmaker who represents the Poway neighborhood where Chelsea lived, said: “The more we learn, the worse it gets.”

“It’s clear the system has failed,” he said in a statement today. “We need a full investigation of Corrections immediately.”